DATE: AUG 30 1991
CASE NO. 91-TSC-4

IN THE MATTER OF

DONALD E. EVERHART,
    COMPLAINANT,

    v.

TECUMSEH PRODUCTS COMPANY,
    RESPONDENT.

BEFORE: THE SECRETARY OF LABOR

    Before me for review is the Recommended order of Dismissal issued by the Administrative Law Judge (ALJ) on July 18, 1991, in this case arising under the Toxic Substances Control Act, as amended (TSCA), 15 U.S.C. § 2622 (1988). The ALJ recommends that the case be dismissed without prejudice under Fed. R. Civ. P. 41(a)(1)(ii) based on a Notice of Voluntary Dismissal by Stipulation filed by the parties.

    The Notice of Voluntary Dismissal by Stipulation, signed by Complainant individually and by counsel for Complainant and counsel for Respondent, constitutes a stipulation of dismissal by the parties satisfying the requirements of Rule 41(a)(1)(ii). See Nunn v. Duke Power Co., Case No. 84-ERA-27, Sec. Order, Sept. 29, 1989, slip op. at 2-4; Hooks v. Transportation Services Inc., Case No. 88-STA-7, Sec. Order, June 24, 1988, slip op. at 2. The ALJ's finding that no settlement is involved in this case is supported in the record. Letter of David J. Linesch, Esq., to Hon. Rudolf L. Jansen of May 13, 1991. See generally Scott v. American Protective Services Inc., Case No. 89-ERA-35, Sec. Order, Feb. 15, 1990. Under these circumstances dismissal under Rule 41(a)(1)(ii) is proper. Accordingly, I accept the recommendation of the ALJ that this case be, and it hereby is, DISMISSED without prejudice pursuant to Rule 41 (a)(1)(ii).

    SO ORDERED.

       LYNN MARTIN
       Secretary of Labor

Washington, D.C.